Legal Question in Family Law in New York
Support Modification
My husband paid $125. per week for one child that lives in another state (for several years). He has seen the child only one week a year during some years.After loosing a very well paid job, the court ordered him to pay back support of $46.00 per week times eight years as this is what the percentage averaged out too, even though the $125.00 is what was agreed upon in the origional court order.This was around $12,000. We hired a lawyer to handle this whom then explained we ''opened a can of worms'' and back billed us.What can we do?
1 Answer from Attorneys
Re: Support Modification
let's start from the beginning.
I think you are saying that after losing his good job, your husband fell behind in his child support.
Then, a court ordered him to 'catch up' by paying another 46$ per month (money he does not have).
Is this correct?
If it is correct, then there are several things you can do. You must file with the court a petition to reduce the child support because of 'changed circumstances' (losing job) and also petition the court to set-aside/vacate/modify the order for 46$ on the basis of 'waiver' (the old amount of support was agreed upon by all parties - the court acted for the child when approving the amount).
Its not a 'can of worms', just standard stuff in the field of 'Family Law'.
You are welcome to a consultation with me for no fee at my offices at 42 West 44th Street. Please call for an appointment first, (646) 591-5786.
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